HomeMy WebLinkAbout2014-12-16 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, December 16, 2014
600PM
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6 00 P M by
Mayor Andy Daly
Members present Andy Daly, Mayor
Ludwig Kurz, Mayor Pro Tem
Jenn Bruno
Dale Bugby
Dave Chapin
Greg Moffet
Margaret Rogers
Staff members* Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Patty McKenny, Town Clerk
The first item on the agenda was Citizen Participation at which time there was no community
input
The second item on the agenda was the Consent Agenda as follows.
1) Council meeting minutes from November 4, 2014
Moffet moved to approve the minutes, Rogers seconded the motion which passed unanimously
with one revision related to the Betty Ford Alpine Garden discussion and the removal of the
phrase about the town's funding of their capital protect (7-0)
2) Council meeting minutes from November 18, 2014
Moffet moved to approve the minutes, Kurz seconded the motion and it passed unanimously
with Bugby abstaining since he was not present at that meeting (6-0-1).
3) Authorization for an exchange of an employee housing unit located at 3877 Lupine Drive
Unit W
Daly noted this item received unanimous approval by PEC Moffet moved to approve the
exchange of the unit, Kurz seconded the motion and it passed unanimously (7-0)
4) Authorization for an exchange of an employee housing unit located at 1701 Buffehr
Creek Road
Moffet moved to approve the exchange of the unit, Kurz seconded the motion There were
some comments about the need to review the funding structure which supported this unit's sale
of 770 sq ft for $175K The motion was unanimously approved (7-0)
5) Resolution No 41, Series of 2014, A Resolution of the Vail Town Council Adopting and
Entering into the Trust Agreement for the Colorado Firefighter Heart and Circulatory
Benefits Trust and Taking Other Actions in Connection Therewith
Moffet moved to approve Resolution No 41, Kurz seconded the motion and it passed
unanimously (7-0) It was noted by the Town Attorney that CML was exploring some other
insurance coverage opportunities for municipalities but this resolution would help the town
Town Caunal Meeting Minutes of December 16, 2014 Page 1
comply with the deadline requirements of Senate Bill 14-172 effective January 1, 2015,
regardless of what insurance company was chosen
6) Intergovernmental Agreement ("IGA") between Eagle County and the Town of Vail -
Community Recycling Center Drop Off Site
Moffet moved to approve the IGA; Kurz seconded the motion There was clarification about the
2010 date of the IGA included in council's packet and Ruther noted the fourth amendment to the
IGA only changes the expiration date as there were no rate changes The motion passed
unanimously (7-0)
The third item on the agenda was the Town Manager's Report which included information
about the following
1) Request from The Falls at Vail Association (Pitkin Creek HOA) to rebuild stream bank
which is failing near Fall Line Drive in East Vail
This item was presented for council's consideration with a request for direction on how to
respond to Pilkm Creek Homeowners Association about nearby potential stream bank erosion
and their request for improvements near their property Daly and town staff noted the property
was owned by the US Forest Service and after some discussion there was council direction to
staff to inform the association the property was not the town's and it would not be maintained by
the town. It was suggested they talk with the USFS.
The fourth item on the agenda was appointments to the Vail Local Marketing District Advisory
Council The Council interviewed six applicants at the earlier work session and after the voting
results were read, a motion was made by Kurz to appoint Mark Herron, Beth Slifer, Skip
Thurnauer and Jim Kellen, representing Vail Resorts, Inc. to serve on the VLMDAC, Moffet
seconded the motion and it passed unanimously (7-0) Kurz thanked the members of the
VLMDAC for the hard work and many accomplishments over the years.
The fifth item on the agenda was the 1-70 Vail Underpass Project update with various design
team members presenting an overall review of the protect with focus on the noise wall, the 3D
model and input from the public. The 1-70 Vail Underpass is a proposed new multi -modal
pedestrian and vehicular connection that is midway between the Main Vail and West Vail exits,
passing under 1-70 The purpose of this Council session was to provide the Council and the
public with an update on the project budget and cost estimate, and to more specifically discuss
the costs, process and schedule for consideration of noise walls In addition, a 3D model of the
protect with and without noise walls was presented The brief update addressed progress on
the following items
✓ There has been a 30% level of completion of the preliminary design and environmental
assessment
✓ Notifications have gone out to the noise wall Benefiting Receptors to confirm contact
information and determine if there are tenants within any units and informed them of the
preference survey scheduled for January
✓ The protect Open House has been noticed and advertised for December 18, from 4pm-6pm
at the Grand View
✓ Edward Kraemer & Sons has completed a preliminary design level Opinion of Probable Cost
of Construction (OPCC)
✓ Construction phasing options have been developed
✓ The Structural Selection report has been completed and is under review
✓ Preliminary utility meetings have been completed regarding the relocation of existing
utilities
Town Caunal Meeting Minutes of December 16, 2014 Page 2
A tree inventory and arborist report for Impacted trees is in process
Environmental Assessment
Project cost update summary was presented
outlining costs for TOV & CDOT, see table
below
May -13
Dec -14
RAMP app
OPCC#1
TOV Total Match
$6 0 M
$8 4 M
CDOT RAMP Match
$14 6 M
S20 4 M
CDOT PEL Match
$ 2 M
$ 0 2 M
TOTALS
$20.8 M
$29.0 M
Retaining Wall
$ 4.9 M
✓ Noise report and summary have been completed and posted to the project website with a
preview of the noise levels and the 3D model of the preliminary design
✓ The survey process was highlighted noting that a decision on noise mitigation would be
based on survey results with a simple majority that determines the direction of whether to
construct the 3,400 foot long wall The distribution of survey ballots was provided
Kassmel noted on January 6 the Town Council would be asked to decide whether to fund the
wall and which type of materials it would Include, concrete or acrylic, with acrylic costs
estimated at $800K more It was noted maintenance costs would need to be Included in future
town budgets There were several slides of walls showing both materials and demonstrations of
differing highway noise with reductions heard as a result of the use of sound walls And finally
there was a 3D software model comparison showing the area with and without sound walls
Daly asked for public Input at this time and many residents spoke
1 Bob Llewellyn, resident of Savoy Villas, commented on the following a) concerned about
high cost overruns, b) requested a review of not doing the project to use funds for other
projects, c) if the wall is done, it should reflect aesthetics of a world class resort, d)
requested Council be transparent about how they vote,
2 Jonas Staller, Savoy Villas, spoke about concerns noting the aesthetics of such a wall would
be so important He didn't support the concrete wall and expressed concern about costs
and maintenance of an acrylic wall
3 Jim Lamont, Vail Homeowners Association, expressed confusion about the survey, who is to
vote and who is required to pay for the wall He also asked the town to consider evaluating
the costs of not doing the project and to solicit input from the broader Vail community about
whether they want this project
Simba Run residents who commented included
4. Mr Roznick was concerned the wall is not worth the value of reducing the impacts of the
sound so he was against the sound wall He spoke about a survey completed with a decibel
software application that was shared with town council
5 Jill Kolsbotch spoke out against the wall and preferred preserving the visual impact versus
the sound impacts
6 Graham Lithco spoke about the many issues surrounding the sound wall and was generally
not supportive of using it He noted the great benefit they have already found with the
installation of noise abatement windows
7 Charlie Calcaterra commended the town council and staff for their work on the project and
also expressed concerns about a) how the project isn't really serving the public on a
consistent and regular basis, b) the maintenance costs of the sound wall, c) the need to
determine if there is community support to fund the project at the new level, d) if the survey
Town Caunnl Meeting Minutes of December 16, 2014 Page 3
supports the sound wall the town would now be responsible for funding it in the future,
regardless, and e) it's time to review other alternatives to this traffic issue
There was some information presented by CDOT's noise expert about the regulations and
requirements for the installations of such sound walls as well as a brief preview of the survey
process Daly closed the discussion by thanking everyone for their input and noting further
discussion and decisions would be scheduled for the January 6 agenda It was mentioned there
may be some decisions made by CDOT about the RAMP projects and funding by then as well
The next (#8) agenda item considered was second reading of Ordinance No 20, Series 2014,
an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and
Timber Ridge Enterprise Fund The revisions from first reading on the ordinance were
highlighted in the council packet memo as follows
$133,000 in Capital Projects Fund for the Parking System project to compensate for
technology infrastructure, networking, additional workstations and cabling that was not
anticipated in the original budget provided by the vendor
$27,000 for the fiber-optic cabling of the municipal complex (a total of $81,000 was spent)
This project was originally delayed based on potential redevelopment
$6,100 to replace the town's postage machine due to outdated software used with USPS
$75,000 proposed for planning of the permanent skate park at the Atrium location (detail
described in memo)
Moffet moved to approve Ordinance No 20; Kurz seconded the motion There was no public
input on this matter and no further discussion The motion passed unanimously (7-0)
The next (#6) item on the agenda considered was a request for Permission to Proceed through
the Development Review Process with a request for a proposed retaining wall replacement and
building addition for the Gorsuch Building, 263 E Gore Creek Drive George Ruther, Director of
Community Development, reviewed the site map He noted because the property line location
is in close proximity to the Gorsuch building, the applicant is requesting the use of Town of Vail
property for the identified encroachments, with references made to Attachment A and B, the
project plan set and details on the proposed encroachments More specifically the request was
for a proposed replacement of an existing retaining wall and guardrail and the accommodation
of eaves for a proposed building addition There was council support to visit the site at the next
meeting in order to fully understand the impacts of the request Some council comments
included
✓ What is the exact encroachment?
✓ Let PEC/DRB review the information instead of town council, the decision could always be
called up by Council after a PEC decision is made.
✓ Would this set a precedent for allowing permanent structures on town property?
✓ It is important to understand placement of the planters and impacts of circulation on the
street
✓ Would this be best handled through entering into a revocable license agreement?
The final (#7) item on the agenda for consideration was a continued review of the Vail Valley
Medical Center Master Plan and the South Frontage Road Traffic Improvements presented by
George Ruther He noted on December 2, 2014, the Town staff and WMC representatives
provided an update to the Vail Town Council This discussion would continue by addressing the
three specific topics as follows 1) revised review schedule, 2) west wing expansion traffic and
Town Council Meeting Min uLes of December 16, 2014 Page 4
parking impacts, and 3) east wing expansion completion assurances. Ruther expressed their
request for council input on the following topics
1 Allow the WMC master plan to be reviewed concurrently along with the proposed west wing
expansion development application.
2 Provides further direction to the applicant and the town staff on the completion assurances
proposed within the memorandum
Tom Braun, Braun Associates, Inc., representing WMC, presented information (per his packet
memo) related to the main features of the expansion plans with a preview of the construction
phasing for the west and east wing expansions He mentioned current discussions are ongoing
by the property owners who are reviewing the benefits of potential land exchanges and this has
added to the timeline of the project. Ruther presented details surrounding the need to
concurrently review the master plan with a revised schedule and the conditional use permit for
the west wing expansion slated to begin late spring/early summer 2015 He spoke about
numerous reasons which supported the concurrent review process and there was council
support to this recommended approach with the planning and building review processes. The
discussion continued to then address the mitigation of West Wing expansion parking and traffic
impacts Ruther described the completion of the West Wing expansion which would increase
parking needs and vehicle traffic generated by the hospital use. There would be an active
review to quantify and mitigate these issues by WMC during the development review process.
There were some possible interim solutions described It was also noted new traffic counts
would be provided in January Daly asked for public input at this time. Jim Lamont, Vail
Homeowners Association, submitted some suggestions about the following
• Extend traffic counts to Vail Road & Meadow Drive, continue to move the process along
• Engage in use of a developer's improvement agreement that would help document the
negotiations and assurances of WMC
• Consider improving upon a streetscape component for the visitors' rehabilitating
• Noted the neighborhood is generally favorable to the planning components and details of
the project so far
And finally Ruther explored the WMC East Wing expansion completion assurances that were
outlined in the council packet memo noting the redevelopment of the WMC campus should not
interfere with their ability to continue to operate, two sequences of construction for the West
Wing expansion and the East Wing expansion were described. And he spoke about several
options suggested by WMC to show their commitment to completion of the entire
redevelopment project as follows
1 Payment of VVMC's pro rata share of the estimated South Frontage Road traffic
improvements prior to the issuance of the TCO for the West Wing expansion
2 Establish a Letter of Credit with the Town of Vail. The LOC should be of a sufficient amount
that it serves as both an incentive to commence construction on the East Wing expansion
and with penalty forfeited to the Town of Vail for a failure to perform.
3. Place a ticking clock on the pre -paid employee housing mitigation impact fee so that if the
East Wing expansion is not started by a date certain, the "credit" for the East Wing
expansion is forfeited to the town and shall not be applied to future improvements at WMC
4 Require that the development application for the East Wing expansion is submitted to the
Town of Vail prior to the issuance of a TCO for the West Wing expansion
5 Require that WMC remits an annual payment to the Town of Vail to help defray the town's
expenses in providing public parking and public transit The payment shall be of an amount
that covers the town's operating expenses on the number of public parking spaces equal to
VVMC's parking space deficit, plus provides an incentive to start work on the East Wing
expansion as soon as practical
Town Council Meeting Minutes of December 16, 2014 Page 5
6 The Town of Vail could offer a partial building permit applicationtplan review fee waiver or
refund to VVMC provided construction work on the East Wing expansion is started within a
more aggressive time schedule suitable to the Town of Vail
The list was provided only as possible suggestions and eventually once agreed upon would be
included in a development improvement agreement that would be reviewed and adopted prior to
the issuance of a building permit Doris Kirchner, VVMC, thanked Town Council for their time
and the opportunity to explain the complexities in order to keep the project moving foreword
She addressed the proposed list of assurances and emphasized the need to keep the hospital
open and operational Council input supported a letter of credit from the hospital to support the
cost of the West Wing Number three was also supported by several members of council and a
brief discussion occurred regarding the hospital's ability to support employee housing on the
site It was agreed to continue to fine-tune the assurances and the project would continue
through the process according to the newly revised schedule dated December 8, 2014, with
next town council consideration slated for January 2015
The ninth item on the agenda was adjournment. There being no further business to come
before the council, Moffet moved to adjourn the meeting and Kurz seconded the motion which
passed unanimously, (7-0) and the meeting adjourned 8 25 p on
Respectfully Submitted,
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Attest
And[Daly, Mayor
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Town Council Meeting Minutes of December 16, 2014 Page 6